Dean Powers Co. v. Adams

On September 9, 1961, plaintiff sold defendant a used 1958 Dodge Tractor at a price of $2,500. A credit of $1,000 was given for two trailers traded in, leaving a balance due of $1,500. The sales order for the transaction contained an express warranty of the truck, limited to thirty days or 1,000 miles, whichever first occurred. On the same date defendant executed a conditional sales contract financing the $1,500 balance with the Interstate Finance Corporation. Under such contract, defendant agreed to pay the $1,500 balance in twenty-four monthly installments. In May, 1962 the tractor was…